(Reopens LGD12)

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PTI

July 11, 2016

UPDATED: July 11, 2016 17:30 IST

The division bench of the High Court had upheld the order of its single judge passed in 2005 which had termed as "unconstitutional" the granting of minority status to AMU and 50 per cent reservation to Muslims in 2004.

The Attorney General had on January 11 also made a statement in the apex court that AMU could not be categorised as a minority institution.

"It is the stand of the Union of India that AMU is not a minority university. As the executive government at the Centre, we cant be seen as setting up a minority institution in a secular state," he had submitted, adding that "the previous stand (of the UPA government) was wrong."

He had said the law laid down in Aziz Basha case by a five-judge bench of the SC on October 20, 1967 still holds ground.

AMU Act was enacted in 1920 dissolving and incorporating Mohammedan Anglo-Oriental (MAO) College. AMU (Amendment) Act in 1951 was passed by Parliament to do away with compulsory instruction in Muslim theology. The amendment opened membership of the Court of AMU to non-Muslims.

Changes were introduced by the 1966 amendment to AMU Act, which was challenged before the Supreme Court by S Aziz Basha. The SC dismissed the petition in 1967 holding that AMU was not a minority institution because it had been established by an Act of Parliament and had not been set up by Muslims.

Another amendment to AMU Act in 1972 made the academic and executive councils more democratic and drastically reduced the nominees of the Visitor. PTI MNL ABA RKS ARC

This is unedited, unformatted feed from the Press Trust of India wire.

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